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Risk assessment of new psychoactive substances - EMCDDA - Europa

Risk assessment of new psychoactive substances - EMCDDA - Europa

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<strong>Risk</strong> <strong>assessment</strong> <strong>of</strong> <strong>new</strong> <strong>psychoactive</strong> <strong>substances</strong>: operating guidelines1.2 ScopeThe scope <strong>of</strong> the Council Decision is defined in Article 2, which states that theDecision applies to <strong>substances</strong> not currently listed in any <strong>of</strong> the schedules to:(a) the 1961 UN Convention, that may pose a comparable threat to public healthas the <strong>substances</strong> listed in Schedule I or II or IV there<strong>of</strong>; and(b) the 1971 UN Convention, that may pose a comparable threat to public healthas the <strong>substances</strong> listed in Schedule I or II or III or IV there<strong>of</strong>.The above implies that <strong>substances</strong> already listed under the UN conventions areexcluded from the scope <strong>of</strong> the Council Decision. Important differences withthe Joint Action are the inclusion <strong>of</strong> narcotic drugs as specified under (a) aboveand psychotropic <strong>substances</strong> posing a comparable threat as <strong>substances</strong> listed inSchedules III or IV <strong>of</strong> the 1971 UN Convention.Although the <strong>new</strong> <strong>psychoactive</strong> <strong>substances</strong> concerned may include human orveterinary medicinal products (point 5 <strong>of</strong> the recital to the Council Decision), suchproducts are excluded from a risk <strong>assessment</strong> under Article 7.3 <strong>of</strong> the CouncilDecision when the <strong>new</strong> <strong>psychoactive</strong> substance is used to manufacture a medicinalproduct which has been granted a marketing authorisation or for which anapplication has been made for a marketing authorisation or for which a marketingauthorisation has been suspended by a competent authority.Precursors used for the illicit manufacture <strong>of</strong> narcotic drugs and psychotropic<strong>substances</strong> are also excluded from the scope <strong>of</strong> the Council Decision. These aregoverned by different Regulations ( 9 ).1.3 Factors to be considered in a risk <strong>assessment</strong>According to Article 6.3 <strong>of</strong> the Council Decision, a risk <strong>assessment</strong> should take intoaccount all factors which, according to the 1961 UN Convention or the 1971 UNConvention, would warrant placing a substance under international control. The( 9 ) Council Regulation (EEC) No 3677/90 <strong>of</strong> 13 December 1990 laying downmeasures to be taken to discourage the diversion <strong>of</strong> certain <strong>substances</strong> to the illicitmanufacture <strong>of</strong> narcotic drugs and psychotropic substance (OJ L 357, 20.12.1990);Regulation (EC) No 273/2004 <strong>of</strong> the European Parliament and <strong>of</strong> the Council <strong>of</strong> 11February 2004 on drug precursors (OJ L 47, 18.2.2004).16

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